This Chapter is intended to preserve the residential character of a single-family residential neighborhood and further the purposes of state and federal housing anti-discrimination laws by, among other things:

A.

Ensuring that unlicensed group homes that seek special preference under the City's zoning code are actually entitled to such special preference and not simply skirting the City's boarding house and lodging house regulations;

B.

Limiting the commercial use of single-family homes;

C.

Promoting ownership and owner-occupation of single-family residences;

D.

Providing a suitable environment for family life by reducing noise, preserving safety and providing adequate on and off-street parking;

E.

Ensuring that unlicensed group homes are actually furthering the purposes of housing anti-discrimination laws; and

F.

Preventing the over concentration of unlicensed group homes that can impair the integrity of a single-family residential neighborhood and/or to prevent the creation of group home campuses or clusters than are inconsistent with State law and policy to limit the institutionalization of the disabled.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

An unlicensed group home may locate in a R-SF, R-TN or R-MF zone with a special use permit provided:

A.

An application for a special use permit or an unlicensed group home is submitted to the Community Development Director by the owner/operator of the unlicensed group home. The application shall provide the following:

1.

The name, address and phone number of the owner/operator;

2.

The name and phone number of the house manager;

3.

A copy of the unlicensed group homes rules and regulations which must include a policy prohibiting alcohol or non-prescribed drugs (other than over-the-counter medicine) on the premises and use thereof by any disabled occupant whether on or off the premises;

4.

Written intake procedures;

5.

The relapse policy;

6.

An affirmation that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside in the group home;

7.

Blank copies of all forms that all residents and potential residents are required to complete; and

8.

A fee for the processing of the application as may be set from time-to-time by the City Council; and

B.

The unlicensed group home has six or fewer occupants, not counting the house manager; and

C.

The unlicensed group home has a house manager who either resides at the unlicensed group home or any multiple of persons acting as a house manager who are present at the unlicensed group home on a daily basis and who are responsible for the day-to-day operation of the unlicensed group home; and

D.

The unlicensed group home is not located within 300 feet, as measured from the closest property lines, of any other state-licensed group home or group home issued a special use permit under this Chapter; and

E.

Any owner/operator of an unlicensed group home and any person designated as a house manager or other staff shall provide his or her full name, current residence and phone number, date of birth, social security number, prior employment history, education, driver's license number, history of criminal convictions, if any, and any other information the Beaumont Police Department reasonably requires to perform a criminal background check through the State Department of Justice and/or United States Department of Justice. No person shall begin employment with the unlicensed group home until this information has been provided; and

F.

The unlicensed group home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the unlicensed group home or by any disabled resident either on or off-site. This rule and regulation shall be posted on site in a common area inside the Home. Any violation of this rule must be cause for immediate eviction under the unlicensed group home's rules for residency; and

G.

The unlicensed group home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol; and

H.

All garage and driveway spaces associated with the home shall, at all times, be available for the parking of vehicles. Residents and the house manager may store or park only a single vehicle per resident at the home or on any street within 300 feet of the home. The vehicle must be operable and currently used as his or her primary form of transportation; and

I.

It is not located in accessory living quarters.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The special use permit shall be denied by the Community Development Director or his/her designee and if already issued, any transfer shall be denied by the Community Development Director or may be revoked upon a hearing by the Community Development Director or his/her designee under any of the following circumstances:

A.

Any owner/operator or staff person has provided any false or misleading information on the application or omitted any pertinent information.

B.

Any owner/operator or staff person has an employment history in which he or she was terminated because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.

C.

Any owner/operator or staff person has been convicted of or plead nolo contendre to any of the following offenses:

1.

Sex offense for which the person is required to register as a sex offender under California Penal Code Section 290;

2.

Arson offenses - violations of Penal Code Sections 451—455 (last seven years); or

3.

Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last ten years);

4.

The sale or furnishing of any controlled substances (last seven years).

D.

Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.

E.

Any owner/operator or staff person is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety.

F.

The owner/operator fails to immediately evict any resident that uses alcohol or abuses any non-prescription drugs.

G.

The owner/operator accepts residents, other than a house manager, who are not disabled as defined under state and federal law.

H.

The address of the group home is located within 300 feet of any other licensed or unlicensed group home. If a licensed group home lawfully moves within 300 feet of an existing unlicensed group home this shall not cause the revocation of unlicensed group home's permit.

I.

For any other significant, repeated or refusal to remedy violations of this Chapter or any other applicable laws and/or regulations.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

In the event the special use permit is revoked pursuant to Section 17.13.030, no new application for the same or similar permit shall be accepted within one year of the date of revocation.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)